Hovet+v.+Hebron+Public+School+District

 **Hovet v. Hebron Public School District **  **Civil No. 870224 ** ** February 2, 1988 ** ** Supreme Court of North Dakota ** **Background ** In May of 1987 Madonna Tibor requested the personnel file of Meredith Hovet, stating it was a public record. Hovet argued that the personnel file is confidential and should not be accessed as if it was a public record. The trial court determined that Hovet's personnel file was a public record open for inspection under Sections 44-04-18 and 15-29-10, N.D.C.C., and Article XI, Section 6, of the North Dakota Constitution. Hovet appeals the dismissal at this time the School Board supports Hovet in the fact his personnel file should be considered confidential. **Decision and Rationale ** The decision is made that Hovet’s personnel record is indeed a public record. Even though it was argued that privacy of students and faculty is at risk the court finds that the litigant can only represent itself in a case. The open record files were created to (1) Keep from having secret files and (2) allow teachers to see what was in their file. In order for a file to be considered for exemption it must be specifically addressed in legislature and not implied. **Implications ** Teachers will have to adhere to the moral and ethic code of being an educator. Public records where created to help teachers and the public know who is teaching in their community. Teachers who embrace their role as an educator and demonstrate the necessary traits should have no problem with the idea of their records being public. This is a reminder of how as educators we must maintain a healthy role in the community.

by Kari Graves

  ** Hovet v. Hebron Public School District **  <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Argument: December 2.1987; Decision: February 2, 1988 <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple; text-align: center;"> <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">North Dakota Supreme Court <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple; text-align: center;"> <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple; text-align: center;"> <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Carrie Gossett and Sandra Hansen <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;">**<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Background: **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The plaintiff, Meredith Hovet school teacher from Hebron Public school, sues to appeal a judgment of dismissal that declares his personnel file is an open public record. Hovet question’s whether or not the personnel file of a teacher should be open for review by the public on the basis that record is protected by sections in the open-records law, the United States Constitution, and the North Dakota Constitution. Hovet wanted teacher’s personal records to be restricted for public viewing. He states that he has a right to privacy guaranteed to him by the United States Constitution and the North Dakota Constitution, which will be violated if the public is allowed to inspect his personnel file. Teachers, like students, do not "shed their constitutional rights . . . at the schoolhouse gate." <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Madonna Tibor states that the file of a public employee should be open for review by the public while that person is employed by the federal, state, or local government. Amazingly enough, the Hebron Public School District aligned itself with Hovet during the appeal. <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;"><span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;">**<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Decision and Rationale: **<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">The court declined to consider the issue. The court felt that “Hovet has not raised sufficiently ‘weighty countervailing policies’ for the court to depart from the general rule.” The court, however, did recognize that Hovet and the School district did raise “strong public-policy arguments for the exception of teacher personnel records from the open-records law.” <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;"><span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;">**<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> Impact on Teaching: **<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Due to the current ruling as to how much privacy a teacher is entitled to in regards to their personnel record puts teachers on a tighter leash. It leaves less room for simple mistakes. Understandably, these laws are put in effect to protect the public; sadly it forces teachers to walk a fine line. People need to understand that just because there may be things that might have occurred in the beginning of a teacher’s career it does not mean that they are bad or will harmfully affect students. <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;"><span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;">**<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">Quiz Question: ** <span style="margin: 0in 0in 0pt; mso-layout-grid-align: none; mso-pagination: none; punctuation-wrap: simple;"><span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">What is the primary reason for the court’s decision in declining the appeal?